Arbitration Clauses and Agreements on Choice of Foreign Court (Decision of Albanian Supreme Court, Case No. 11118-02384-00-2007 of 17 January 2008: Exclusion of Jurisdiction of Courts)

Rationes Decidendi:

A valid arbitration agreement excludes the jurisdiction of Albanian courts.
If at least one of the contracting parties is a company established outside Albania [ALB], the parties have the right to agree on the jurisdiction of an arbitral tribunal abroad or on the jurisdiction of a foreign court.
Courts are obliged to honour a valid arbitration agreement.

keywords
arbitration clause
choice-of-court clause
choice-of-court
exclusion of jurisdiction of court
foreign company
about the authors

Univ. Professor, Dr.iur., Mgr., Dipl. Ing. oec/MB, Dr.h.c. Lawyer admitted and practising in Prague/CZE (Branch N.J./US), Senior Partner of the Law Offices Bělohlávek, Dept. of Law, Faculty of Economics, Ostrava, CZE, Dept. of Int. and European Law, Faculty of Law, Masaryk University, Brno, CZE (visiting), Chairman of the Commission on Arbitration ICC National Committee CZE, Arbitrator in Prague, Vienna, Kiev etc. Member of ASA, DIS, Austrian Arb. Association. The President of the WJA – the World Jurist Association, Washington D.C./USA.

e-mail: office@ablegal.cz